The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER VACATING HEARING DATE OF OCTOBER 5, 2009, AND TAKING MATTER UNDER SUBMISSION

Defendants have noticed for hearing and decision a motion to dismiss. The matter was scheduled for hearing to be held on October 5, 2009. Pursuant to Local Rule 78-230(c), Plaintiffs were required to file either an opposition or a notice of non-opposition no later than September 21, 2009. Plaintiffs failed to do so.

Due to Plaintiffs' failure to file a timely opposition or notice of non-opposition, they are in violation of the Local Rules. See 78-230(c). Plaintiffs are further not entitled to be heard at oral argument in opposition to the motion. See 78-230(c). The court has reviewed Defendants' motion and the applicable law, and has determined that the motion is suitable for decision without oral argument. See Local Rule 78-230(h).

Therefore, IT IS HEREBY ORDERED that the previously set hearing date of October 5, 2009, is VACATED, and no party shall appear at that time. As of October 5, 2009, the court will take the matter under submission, and will thereafter issue its decision.

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